Rules of Public Order

(Approved by the Board of Trustees of Union College on April 15, 1994)

I. Statement of Purpose

Under Section 6430 of the Education Law, every college chartered by the Regents of the State of New York is required to adopt rules and regulations for the maintenance of public order. In June of 1969, the Regulations of Union College, as approved by the Board of Trustees, were filed with the Commissioner of Education and the Board of Regents. It has now become necessary to amend those regulations to clarify their scope and applicability. Nothing herein is intended, nor shall be construed, to limit or restrict the freedom of speech or peaceful assembly, since free inquiry and free expression are indispensable to the objectives of a higher educational institution. These rules and regulations are not to prevent or restrain controversy and dissent but to prevent interference with the rights of others, to preserve the ability of members of the College community to perform their respective responsibilities, and to maintain that public order appropriate to a college or university campus without which there can be no intellectual freedom, and they shall be interpreted and applied to that end.

II. Application of Rules

The rules hereby adopted shall govern the conduct of students, faculty and other staff, licensees, invitees, and all other persons, whether or not their presence is authorized upon the Union College campus, to which such rules are applicable, and all property under the control of Union College.

III. Prohibited Conduct

No person, either singly or in concert with others, shall:

Obstruct the free movement of persons and vehicles in any place to which these rules apply;

Deliberately disrupt or prevents the peaceful and orderly conduct of classes, lectures, and meetings or deliberately interferes with the freedom of any persons to express their views, including invited speakers;

Enter upon and remain in any building or facility for any purpose other than its authorized uses or in such manner as to obstruct its authorized use by others, remain (without authorization) in any building or facility after it is normally closed, or refuse to leave any building or facility after being asked to do so by an authorized administrative officer;

Violate any rules or regulations relating to conduct as enumerated in the Student Conduct Code contained in the Student Handbook filed with the Commissioner of Education and the Board of Regents;

Willfully incite others to commit any of the acts herein prohibited with specific intent to encourage them to do so; or

Take any action or create, or participate in the creation of, any situation which recklessly or intentionally endangers mental or physical health which involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization.

IV. Penalties

A person who shall violate any provisions of these rules shall:

If a trespasser or visitor without specific license or invitation be subject to ejection.

If a licensee or invitee has authorization to remain upon the campus or other property withdrawn is directed to leave the premises. In the event of a failure or refusal to do so, the licensee or invitee will be subject to ejection.

If a student, be subject to expulsion or such lesser disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand, or warning.

If a faculty member guilty of misconduct be subject to dismissal or termination of employment or such lesser disciplinary action as the facts may warrant, including suspension without pay or censure.

If a staff member guilty of misconduct, be subject to dismissal or termination of employment or such lesser disciplinary action as the facts may warrant, including suspension without pay or censure.

If any other member of the College community violating any provision of these rules, be dismissed, suspended, or censured by the President.

V. Procedures

Pending adjudication of the matter by the appropriate authorities (see below), members of College community deemed to have violated these rules will be subject to immediate suspension from the College as determined by the President or the President’s designee.

In the case of a trespasser or visitor who shall violate any provisions of these rules, the President or the President’s designee shall inform the trespasser or visitor that the violator is not authorized to remain on the campus or other Union College property and direct that person to leave such premises. In the event of a failure or refusal to do so, the President or the President’s designee shall cause the violator’s ejection from such campus or property under the control of the College.

In the case of a licensee or invitee, the President of the College or the President’s designee shall inform the licensee or invitee that the person’s license or invitation is withdrawn and direct that person to leave the campus or other property of Union College. In the event of a failure or refusal to do so, the President or the President’s designee shall cause the ejection of the violator from such campus or property under the control of the College.

In the case of a student, charges for violation of any of these rules shall be presented, heard, and determined in accordance with the procedural guidelines as set forth in the Student Conduct Code.

In the case of a faculty member, charges of misconduct in violation of these rules shall be made and heard before a committee, the majority of whom must be faculty members, that is appointed by the President. The President shall also appoint an impartial chairperson from the committee. The purpose of the committee is to ascertain the facts of individual cases and make recommendations to the President for ultimate disposition of the charges. It is recognized that the hearing need not conform to requirements of criminal or civil procedure and/or proof. The intent of the procedure is to provide the faculty member with a fair hearing before peers, to give that person the opportunity to respond to any charges, and to question any witnesses appearing before the committee. Within this framework, the committee chairperson may conduct the hearing and make necessary adaptations to fit particular circumstances. The faculty member may bring a member of the College community to the hearing as an advisor. The role of the advisor will be limited to consulting with the faculty member in the course of the hearing. The advisor will not be permitted to represent (speak for, take the place of, etc.) the faculty member during the hearing or cross-examine witnesses.

In the case of any staff member in violation of these rules, charges of misconduct in violation of these rules shall be made, heard, and determined in accordance with the Staff Manual.

In the case of any other member of the College community who shall violate any provision of these rules, charges of misconduct in violation of these rules shall be made, heard, and determined by the President or President’s designee.

VI. Enforcement

The President of the College shall be responsible for the interpretation and enforcement of these rules and shall designate the other administrative officers who are authorized to take action in accordance with such rules when required or appropriate to carry them into effect

It is not intended by any provision herein to curtail the right of students, faculty, or staff to be heard upon any matter affecting them in the relations with Union College. In the case of any apparent violation of these rules by such persons who, in the judgment of the President or the President’s designee, do not pose any immediate threat of injury to person or property, the President or the President’s designee may make a reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so, the President or the President’s designee shall warn such persons of the consequences of persistence in the prohibited conduct including their ejection from any premises of Union College where their continued presence and conduct is in violation of these rules.

In any case where violation of these rules does not cease after such warning and in other cases of willful violation of such rules, the President or the President’s designee shall cause the ejection of the violator from the campus and shall initiate disciplinary action as herein before provided.

The President or the President’s designee may apply to the public authorities for any aid, which is deemed necessary to cause the ejection of any violator of these rules.